My home inspection revealed a severe siding issue on a 3 year old house but has right to cure.

Asked by Woodworker, Franklin, WI Mon May 18, 2009

The inspector said siding was not right and I need to contact a professional. The professionals (2) said job was not installed properly. Siding manufacturer's warranty will not honor improper installations of their product. So now responsibility is in the hands of the builder / sub, and they are coaching the owner that the job is right and just needs a little repair work. It is much more serious - this is fiber cement and nails have been installed into foam sheathing, offering no holding power and totally against manufacturer's installation instructions. I want out, but gave seller right to cure, but cure is not close to my expectations to have it made right. It means a complete redo of the house siding. $30K or more. Reason builder is concerned about this one is that there are other houses in the neighborhood with similar issues.

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Justlooking30’s answer
Justlooking30, , Wisconsin
Wed May 20, 2009
I think Gramins is offering excellent advice here. Get the opinion of your professionals in writing, and have your buyer's agent (hopefully you have one) deliver the notice of defects. The builder has a huge financial interest to fight you on this, so at this point it's two on one unless you have a good agent on your side to help with this. Get it done as quickly as possible, good luck!
0 votes
Myersjulie31, Home Buyer, Blakeslee, PA
Thu Nov 20, 2014
I would probably talk to the professional and get their opinion on the issue. There may be a problem with your siding, but it is probably up to the professionals to officially decide. If the problem isn't too big, then it might not need to replaced yet and you can work your way up to getting that done. However, if there is a large problem then you will most likely need to get it fixed soon, especially if all these issues are present. http://www.getcitywide.com
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Maket Nashvi…, , 37211
Tue May 19, 2009
Wow, this sounds like you are halfway through a big mess!

I hope you have a strong agent! Listen to Shanes comment listed below! He is right! I would also though, get statements IN WRITING from everyone you talk with! It is only heresay, unless they put it into writing.
Interesting that there are other properties in the area with the same problem. I understand why the builder doesnt want to set precident!

I would check out the BUILDER completely as well! Where there is smoke there is fire! This may sound dumb, but you might have to ask yourself, if you REALLY want to buy this house! Plus, if it is wrong, and they wont fix it....then just listen to the professionals on the next course of action! THAT is your REALTOR!

It may mean getting the Broker involved!~

Darin
0 votes
Shane O'Gorm…, , Eau Claire, WI
Mon May 18, 2009
It does not really matter what the owner thinks it mostly matters what the inspector says. If its a defect then it should be fixed.

If seller has right to cure as you said the law says to be done in a workperson like manner. It does not say it has to be done in any way that you might find suitable nor does it necessarily give you the right to quit.

I dont know what to suggest to you other than clarifying this with your agent and thoroughly going over your options.
0 votes
None, Agent, Summit, WI
Mon May 18, 2009
If you have two professionals that are manufacturer certified in this product say that it is installed improperly then your next course of action is to ask the agent to deliver a notice of defects to the seller (hopefully you are still within the time frame for your inspection contingency) along with the written reports from the inspector and the professionals stating that this is an improper installation. The seller then has 10 days to respond to this notice with a remedy to the situation or to produce reports from experts that say the install is to manufacturer specifications. If the seller does not offer to remedy the problem then you are out of the deal. If the seller elects to fix the problem and bring the siding install to manufacturer specs, or can prove that it is to manufacturer specs, then you are moving forward with your purchase unless you choose to consult an attorney and even then there is no guarantee that you will get out of the deal unscathed. Giving the seller the right to cure keeps them in the drivers seat, hopefully your agent explained that to you.

If your home inspection contingency has passed, then the situation is very different. By letting that deadline pass without delivering your notice of defects you have essentially said that you are OK with the home as is. Again, this is something a buyers agent would have explained to you.

I wish you good luck.
Web Reference:  http://www.JeffGramins.com
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